Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least 16 years of age to use our website. By using our website and by agreeing to these terms of use you warrant and represent that you are at least 16 years of age, and that if you are between 16 and 18 years of age you have your parent/guardian's permission to use our website.

Please note that we provide a forum for users to advertise goods and services. We are not party to the sale or purchase of goods or services advertised on this website, and accordingly we will not be liable to any person in relation to any such sale or purchase. See Section [10] for more details of our role.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website (other than editing your own classified advertisements and own forum posts using our website interface); or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4) Registered users

Access to certain areas of our website is restricted to registered users.

You must be at least 16 years of age to become a registered user. If you are between 16 and 18 years of age you confirm that you have your parent/guardian's permission to become a registered user and submit user generated content to the website.

In order to become a registered user, you must log onto our website and create an account which is to include a valid username, password and email address.

You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.

You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 8 below.

Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:

As well as being able to browse Join My Band like any visitor to it, registered users may:
- submit and reply to musicians wanted advertisements
- create a profile
- use the forums
- send private messages via the website
- receive emailed messages, which will be sent to the email address contained in the My Account area (which are provided during Registration and may be updated subsequently), sent by Registered users; and
- will receive emails from the website

We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

(5) Classified advertisements

We welcome the submission of classified advertisements to our website.

You must be at least 16 years of age to submit a classified advertisement. If you are between 16 and 18 years of age you confirm that you have your parent/guardian's permission for you to submit a classified advertisement.

You may submit a classified advertisement by becoming a Registered User and clicking the "Place a Free Ad" link on our main navigation bar.

You will have the opportunity to identify and correct input errors prior to making your submission by editing all the details before submitting your advertisement.

Classified advertisements submitted to our website must constitute bona fide advertisements relating to seeking musicians and band members that are true, fair and accurate in all respects. Classified advertisements must all be listed in the appropriate category or categories.

Classified advertisements submitted to our website must not constitute an advertisement for any product or service that:

(a) breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section [8];

Classified advertisements that are submitted will be automatically processed.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on our website. If we reject or delete a submission on either basis, we will not refund any applicable charges.

If we accept your classified advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

(6) Free advertisements

Our website allows you to make free classified advertisement submissions.

We may delete free classified advertisements at any time in our sole discretion with or without notice to you.

(7) User generated content

In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a classified advertisement, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence [in an explicit, graphic or gratuitous manner];
(m) be pornographic [or sexually explicit];
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(10) Discontinuing services

We reserve the right to:

(a) discontinue our classified advertising services (and the publication of our website);
(b) discontinue or modify one or more aspects of our website;

at any time in our sole discretion with or without notice.

If:

(a) you have paid for a classified advertisement;
(b) your classified advertisement has been (or would have been) accepted in accordance with these terms of use; and
(c) we discontinue the classified advertising service;

we will refund to you such portion of your payment as we determine to be reasonable / such portion of your payment as related to any period after the discontinuance of the services.

Save as provided in this Section [9] and in the final paragraph of Section [7], you will not be entitled to any refund upon the discontinuance of our services.

(11) Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

(a) we do not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;
(b) we do not check, audit or monitor the information contained in classified advertisements;
(c) we are not party to the sale or purchase of goods or services advertised on the website;
(d) we are not involved in any transaction between advertisers and buyers in any way; and
(e) we are not the agents for any advertisers or buyers;

and accordingly we will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(12) Limitations and exclusions of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our aggregate liability to you under the terms of use will not exceed the greater of: (a) £4.25; and (b) the total amount paid or (if greater) payable by you to us under the terms of use.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is accurate, complete and not misleading, and accordingly you will not hold us liable in respect of any such matters.

(13) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(14) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(15) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(16) Trade marks

Band Mate and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(17) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(18) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(19) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(20) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(21) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(22) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(23) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England.

(22) Cookies

You consent to Band Mate making use of cookies during your web-browsing experience. For more infomation on cookies, please see our cookies page.